Contacts

The Magistrate's Commission

The Magistrate's Commission is a statutory body established in terms
of the Magistrate's Act, No. 90 of 1993. The Commission is chaired by a
judge, designated by the President in consultation with the Chief Justice.

The objects of the Commission are amongst others, as follows:

To promote continuous training of magistrates appointed in the Magistrates’ Courts [District and Regional Courts].

To advise the Minister regarding the appointment of magistrates.

To advise or to make recommendations to, or report to the Minister, for information of Parliament regarding any matter which is of interest for the independence in the dispensing of justice and the efficiency of the administration of justice in the Magistrates’ Courts.

To carry out investigations and make recommendations to the Minister regarding the suspension and removal from office of magistrates.

The functions of the Magistrate's Commission are, in
order to achieve its objects, amongst others as follows:

To carry out or cause to be carried out any investigation it deems necessary.

To obtain access to official information or documents.

To summon any person to appear before it for questioning or require from any person a written explanation in respect of any matter falling within the ambit of the Commission’s objects.

Any conduct by a magistrate that is alleged to be improper may be reported to the Judicial Head of the Court wherein the magistrate concerned presides.

Acomplaint against a magistrate must be reported by means of a written declaration under oath or affirmation, specifying -

the nature of the matter;

the grounds on which an investigation is viewed necessary;

the names of the magistrate, other persons involved and of any witnesses;

the date and time of the incident(s), and

all other relevant information known to the complainant.

If the complainant is of the view that his/her concerns have not been
properly or adequately addressed by the Judicial Head of Court, the complainant
may direct his/her complaint to the Secretary of the Magistrate's
Commission at the following address:

Please note that in terms of the Constitution
of the Republic of South Africa Act, No. 108 of 1996, the courts
are independent and subject only to the Constitution and the law. The Magistrate's
Commission is therefore not empowered to interfere with the judicial discretion
of a magistrate. An aggrieved party who is dissatisfied with a judgment,
ruling or sentence may approach a court of higher jurisdiction for review
or appeal.